[Congressional Record Volume 157, Number 134 (Monday, September 12, 2011)]
[Senate]
[Pages S5503-S5504]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 1543. A bill to amend chapters 83 and 84 of title 5, United States 
Code, to address retirement for Pentagon Force Protection Agency 
officers; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. AKAKA. Mr. President, today I am introducing the Retirement 
Equity for Pentagon Police Heroes Act, a bill to place Pentagon Police 
on par with Federal law enforcement officers government wide.
  As we remember the tragic events of September 11, 2001, and the 
bravery of those who rushed into burning buildings as most ran away, it 
is particularly fitting to recognize the bravery of Pentagon Force 
Protection Agency Officers with this legislation.
  Ten years ago, unthinkable acts of terrorism were perpetrated against 
America, resulting in the loss of thousands of innocent lives at the 
World Trade Center in New York, the Pentagon in Virginia, and the final 
landing site of flight 93 in Pennsylvania. The men and women of the 
Pentagon Force Protection Agency were among the first to respond in the 
chaotic minutes after flight 77 crashed into the Pentagon.
  On the morning of September 11, Isaac Ho`opi`i, a Pentagon Police 
officer from my home state of Hawai`i, rushed into the Pentagon and 
carried eight people out of the rubble, many of whom were badly burned. 
Many others made it out of the Pentagon thanks to Mr. Ho`opi`i, who 
became known as ``the voice,'' because survivors remember him calling 
out for those lost in the smoke and debris to crawl towards the sound 
of his voice. In 2002, Mr. Ho`opi`i was awarded a Medal of Valor for 
his bravery and quick thinking on that fateful day.
  Threats to the Pentagon continue to mount in the time since 9/11. 
Just last year, an armed gunman stormed the Pentagon, shooting at 
officers while attempting to enter the building. Officers Jeffery Amos 
and Marvin Carraway, Jr. were wounded during the shootout, but managed 
to neutralize the perpetrator, ensuring that no other officers or 
bystanders were harmed in the process.
  Despite their heroic actions and the dangerous nature of their job, 
Pentagon Police officers do not accrue retirement benefits at the same 
rate as Federal law enforcement officers. This bill would add Pentagon 
Police to the list of employees under the Civil Service Retirement 
System and Federal Employees' Retirement System who make larger 
retirement contributions than most Federal employees, and accrue 
retirement benefits at an enhanced rate. The higher accrual rate is an 
important recognition that police work is dangerous and physically 
demanding, so law enforcement officers are required to retire earlier 
than others.
  The time has come to recognize the courage of these brave men and 
women who everyday protect thousands of military personnel and 
civilians at the Pentagon.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1543

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Retirement Equity for 
     Pentagon Police Heroes Act of 2011''.

     SEC. 2. PENTAGON FORCE PROTECTION AGENCY.

       (a) Amendments Relating to the Civil Service Retirement 
     System.--
       (1) Definitions.--
       (A) Civil service retirement system.--Section 8331 of title 
     5 United States Code is amended--
       (i) in paragraph (30), by striking ``and'' at the end;
       (ii) in paragraph (31), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(32) `Pentagon Force Protection Agency officer' means an 
     employee appointed to perform law enforcement and security 
     functions under section 2674(b) of title 10 whose permanent 
     duty station is the Pentagon Reservation and who occupies a 
     position in job series 0083, or any successor position, for 
     which the rate of basic pay is fixed in accordance with 
     paragraph (2) of such section.''.
       (2) Deductions, contributions, and deposits.--Section 8334 
     of title 5, United States Code, is amended--
       (A) in subsection (a)(1)(A), by striking ``or customs and 
     border protection officer,'' and inserting ``customs and 
     border protection officer, or Pentagon Force Protection 
     Agency officer,''; and
       (B) in the table contained in subsection (c), by adding at 
     the end the following:

``Pentagon Force Protection     7.5  After the date of enactment of the
 Agency officer                       Pentagon Force Protection Agency
                                      Retirement Act of 2011.''.
 

       (3) Mandatory separation.--Section 8835(b)(1) of title 5, 
     United States Code, is amended in the first sentence by 
     striking ``or customs and border protection officer'' and

[[Page S5504]]

     inserting ``customs and border protection officer, or 
     Pentagon Force Protection Agency officer''.
       (4) Immediate retirement.--Section 8336 of title 5, United 
     States Code, is amended--
       (A) in subsection (c)(1), by striking ``or customs and 
     border protection officer'' and inserting ``customs and 
     border protection officer, or Pentagon Force Protection 
     Agency officer''; and
       (B) in subsections (m) and (n), by striking ``or as a 
     customs and border protection officer,'' and inserting ``as a 
     customs and border protection officer, or as a Pentagon Force 
     Protection Agency officer,''.
       (b) Amendments Relating to the Federal Employees' 
     Retirement System.--
       (1) Definitions.--Section 8401 of title 5, United States 
     Code, is amended--
       (A) in paragraph (35), by striking ``and'' at the end;
       (B) in paragraph (36), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(37) `Pentagon Force Protection Agency officer' means an 
     employee appointed to perform law enforcement and security 
     functions under section 2674(b) of title 10 whose permanent 
     duty station is the Pentagon Reservation and who occupies a 
     position in job series 0083, or any successor position, for 
     which the rate of basic pay is fixed in accordance with 
     paragraph (2) of such section.''.
       (2) Immediate retirement.--Paragraphs (1) and (2) of 
     section 8412(d) of title 5, United States Code, are amended 
     by striking ``or customs and border protection officer,'' and 
     inserting ``customs and border protection officer, or 
     Pentagon Force Protection Agency officer,''.
       (3) Computation of basic annuity.--Section 8415(h)(2) of 
     title 5, United States Code, is amended by striking ``or 
     customs and border protection officer'' and inserting 
     ``customs and border protection officer, or Pentagon Force 
     Protection Agency officer.''.
       (4) Deductions from pay.--The table contained in section 
     8422(a)(3) of title 5, United States Code, is amended by 
     adding at the end the following:

``Pentagon Force Protection     7.5  After the date of enactment of the
 Agency officer                       Pentagon Force Protection Agency
                                      Retirement Act of 2011.''.
 

       (5) Government contributions.--Paragraphs (1)(B)(i) and (3) 
     of section 8423(a) of title 5, United States Code, are 
     amended by inserting ``Pentagon Force Protection Agency 
     officers,'' after ``customs and border protection officers,'' 
     each place it appears.
       (6) Mandatory separation.--Section 8425(b)(1) of title 5, 
     United States Code, is amended--
       (A) by striking ``or customs and border protection officers 
     who'' and inserting ``customs and border protection officer, 
     or Pentagon Force Protection Agency officers who''; and
       (B) by striking ``or customs and border protection officer 
     as the case'' and inserting ``customs and border protection 
     officer, or Pentagon Force Protection Agency officer, as the 
     case''.
       (c) Maximum Age for Original Appointment.--Section 3307 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``(h) The Secretary of Defense may determine and fix the 
     maximum age limit for an original appointment to a position 
     as a Pentagon Force Protection Agency officer, as defined by 
     section 8401(37).''.
       (d) Regulations.--Any regulations necessary to carry out 
     the amendments made by this section shall be prescribed by 
     the Director of the Office of Personnel Management, in 
     consultation with the Secretary of Defense.
       (e) Effective Date; Transition Rules.--
       (1) Effective date.--The amendments made by this section 
     shall become effective on the first day of the first pay 
     period beginning at least 6 months after the date of the 
     enactment of this Act.
       (2) Transition rules.--
       (A) Nonapplicability of mandatory separation provisions to 
     certain individuals.--The amendments made by subsections 
     (a)(3) and (b)(6), respectively, shall not apply to an 
     individual first appointed as a Pentagon Force Protection 
     Agency officer before the effective date under paragraph (1).
       (B) Treatment of prior pentagon force protection agency 
     officer service.--Nothing in this section or any amendment 
     made by this section shall be considered to apply with 
     respect to any service performed as a Pentagon Force 
     Protection Agency officer before the effective date under 
     paragraph (1).
       (C) Minimum annuity amount.--The annuity of an individual 
     serving as a Pentagon Force Protection Agency officer on the 
     effective date under paragraph (1) pursuant to an appointment 
     made before that date shall, to the extent that its 
     computation is based on service rendered as a Pentagon Force 
     Protection Agency officer on or after that date, be at least 
     equal to the amount that would be payable--
       (i) to the extent that such service is subject to the Civil 
     Service Retirement System, by applying section 8339(d) of 
     title 5, United States Code, with respect to such service; 
     and
       (ii) to the extent that such service is subject to the 
     Federal Employees' Retirement System, by applying section 
     8415(d) of title 5, United States code, with respect to such 
     service.
       (D) Rule of construction.--Nothing in the amendment made by 
     subsection (c) shall be considered to apply with respect to 
     any appointment made before the effective date under 
     paragraph (1).
       (3) Definition.--For purposes of this subsection, the term 
     ``Pentagon Force Protection Agency officer'' has the meaning 
     given such term by section 8331(32) or 8401(37) of title 5, 
     United States Code (as amended by this Act).
       (4) Exclusion.--Nothing in this Act or any amendment made 
     by this Act shall be considered to afford any election or to 
     otherwise apply with respect to any individual who, as of the 
     day before the date of the enactment of this Act--
       (A) holds a position within the Pentagon Force Protection 
     Agency; and
       (B) is considered a law enforcement officer for purposes of 
     subchapter III of chapter 83 or chapter 84 of title 5, United 
     States Code, by virtue of such position.

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